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Home→Tags Statute of limitations

Tag Archives: Statute of limitations

Previous Ruling not Re-Examined

A previous judge had found that the termination fee claimed by the corporate trustee was reasonable, and a hearing on the issue was not required, so the current court was bound by that earlier decree under the coordinate jurisdiction rule. … Continue reading →

Posted in Opinions | Tagged laches, Law of the case, Statute of limitations

No Undue Influence or Unjust Enrichment in Execution of Deed

In an action to set aside a deed allegedly obtained by undue influence, plaintiff’s testimony that she and the defendant were friends and she trusted him, and that she was “weak in bode and mind” following the death of her … Continue reading →

Posted in Opinions | Tagged Statute of limitations, Summary judgment, Undue influence, Unjust enrichment

Statute of Limitations for Personal Injuries not Extended for Discovery

Action for personal injuries brought by an estate is untimely, and the statute of limitations will not be extended by a period within which the decedent might not have known that her automobile accident injuries were serious enough to qualify … Continue reading →

Posted in Opinions | Tagged Statute of limitations

Limitations for Estate Administration Malpractice

The statute of limitations for an action for legal malpractice in the administration of an estate began to run when a declaratory judgment action was filed to correct the alleged legal errors, and not when the court ruled in favor … Continue reading →

Posted in Opinions | Tagged Lawyer malpractice, Statute of limitations

Lawsuit against “Estate” Was Nullity

Legal action cannot be filed against the “estate” of a decedent, but only the personal representatives of the estate, and so an action filed against an estate is a nullity and a personal representative of the estate cannot be substituted … Continue reading →

Posted in Opinions | Tagged Proper party to litigation, Statute of limitations

Surcharges Imposed; Ownership of Properties Resolved

One co-executor surcharged for legal fees paid to defend criminal harassment charge by beneficiary; another executor surcharged for payment of invoices for work supposedly done by the executor during decedent’s lifetime when there was a lack of credible evidence that … Continue reading →

Posted in Opinions | Tagged Donative intent, Executor Commission, Statute of Frauds, Statute of limitations, surcharge

Laches and Action Against Agent

An action against an agent to recover assets transferred by the agent during the decedent’s lifetime was not barred by the two year statute of limitations under 42 Pa.C.S. § 5524, and was not barred by laches, when there was … Continue reading →

Posted in Opinions | Tagged Collateral order, laches, Pa.R.A.P. 313, Pa.R.A.P. 341, Pa.R.A.P. 342, PEF 5601.2, PEF 5611, Statute of limitations

Claim for Non-Health Care Services by Nurse

Quantum meruit claim for lifetime services by licensed nurse practitioner allowed for two years before death (not barred by statute of limitations), even though she had already been compensated for nursing services, because her services were beyond those of a … Continue reading →

Posted in Opinions | Tagged Quantum meruit, Statute of limitations

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